Deepak 09 August 2021

Case filed u/s 138 against company including employees?

Respected Sir's,
I was an employee(Designation - Senior Accountant) in a company. That time on all the purchase orders was signed by myself. Our company issued cheque to the party but cheque got bounced. The party filed a case u/s 138 in April-2021 against our company including me but i left the job in December-2020. They mentioned me as accused No.4.
How an employee is responsible for paying company dues or why they are involving me.
Two hearings already done but no one present from my previous company and I also not present for hearing. Now the case status is for Summon.
What should i have to do in this situation??
Please help.

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4 Replies

Dr J C Vashista (Advocate) 10 August 2021

Since you have stated to have signed the subject cheque, you are liable to be prosecuted.

Search and engage a local prudent lawyer to contest / defend yourself.

G.L.N. Prasad (Retired employee.) 10 August 2021

Once the case is filed, the respondent is having no choice or option and he has to defend himself legally through advocate.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 10 August 2021

Engage a local Lawyer and through such Lawyer explain the facts of the case to the Court inter-alia that you did nit sign the cheque in your personal capacity and you signed the cheque as per powers delegated to you by the company. Also explain that you have no contractual obligation with the party who filed the case. Duly explaining all facts request the Court to release you from the case.